The Düsseldorf Higher Regional Court finds that “wedding-rebates” requested by a food retailer from its suppliers are not abusive (EDEKA)

In its judgement of 18 November 2015, the Düsseldorf Higher Regional Court (“the Court”) quashed a decision of the Federal Cartel Office (“FCO”) which stated that German food retailer EDEKA abused its dominant position by requesting preferential purchase conditions and bonus payments from sparkling wine suppliers following the acquisition of its smaller rival Plus. The Court concluded that the benefits granted by the suppliers were not the result of an abusive con-duct by EDEKA but merely of tough negotiations between the parties on equal terms. The Court held that the suppliers had sufficient bargaining power in the negotiation process to counter EDEKA’s requests because it was dependent on being supplied with the suppliers’ products. 1. Facts and Decision Following its takeover of the

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Christoph Krüger, The Düsseldorf Higher Regional Court finds that “wedding-rebates” requested by a food retailer from its suppliers are not abusive (EDEKA), 18 November 2015, e-Competitions Bulletin November 2015, Art. N° 79486

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